Rental Agreement Terms and Conditions

Last Update: April 5, 2025

DEFINITIONS

“Agreement” is the Reservation Details (as defined below), together with the associated Rental Agreement (as defined below), including these Rental Agreement Terms and Conditions which are incorporated by reference therein.

“Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, at least 18 years old and are not under the influence of any drugs, alcohol, substances or otherwise impaired.

“Customer” is the person or entity identified in the Reservation Details and includes any of your representatives, agents, officers, employees or anyone signing this Agreement on your behalf.

“Equipment” is any one or more of the items identified as rental items in the Reservation Details, including any accessories, attachments or other similar items.

“FMV” is the Equipment’s fair market value on or about the date of the Incident relating to the Equipment, plus any administrative fees and expenses.

“Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment.

“Lost” means the Equipment is either stolen, its location is unknown, or Customer is unable to recover it.

“One Shift” means not more than 8 hours per day, 40 hours per week and 160 hours every 4-week period, provided that double shift will be 150% and triple shift will be 200% of the rental charge on Equipment with hour meters. 

“Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use.

“Party” means Speedy Tools To Go or Customer and together both are the “Parties”.

“Rental Agreement” is the agreement made between Customer and Speedy Tools To Go for Speedy Tools To Go to rent Equipment, whether that Agreement is made over the phone, online, or at the time of Equipment delivery, and which incorporates by reference these Rental Agreement Terms and Conditions and which identifies the Equipment to be rented by Customer. The Agreement incorporates these Rental Agreement Terms and Conditions by reference.

“Rental Period” is the period of time between “Drop Off” and “Pick Up,” set forth in the Rental Agreement.

“Reservation Details” is the Equipment, Rental Period, delivery information, payment information and other information set forth on the Confirmation/Order Summary Screen or the Rental Agreement, as the case may be.

“Customer Site” is the location that Customer represents the Equipment will be located during the Rental Period identified by the delivery address in the Reservation Details.

“Speedy Tools To Go” is Speedy Tools To Go LLC, and their respective officers, employees, or agents.

AUTHORITY TO SIGN
Any individual signing the Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Agreement on behalf of Customer.

TERMS
Customer’s execution of this Agreement or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of the terms herein for this and all past and future agreements between Speedy Tools To Go and Customer upon Customer’s receipt of Speedy Tools To Go’s Equipment under those agreements. Customer rents the Equipment from Speedy Tools To Go pursuant to this Agreement, which is a true lease. The Equipment (a) is and shall remain the personal property of Speedy Tools To Go and (b) shall not be affixed to any other property. Customer shall not pledge or encumber the Equipment in any manner. Customer has no option or right to purchase the Equipment. Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of Speedy Tools To Go, and any such action by Customer, without Speedy Tools To Go’s written consent, shall be void. Customer agrees to use and keep the Equipment at the Customer Site set forth in the Agreement unless Speedy Tools To Go approves otherwise in writing. Speedy Tools To Go may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.

DEPOSIT
Customer’s credit card will be charged a deposit for the estimated rental at the time Customer transacts on Speedy Tools To Go’s website checkout. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by Speedy Tools To Go as a result of the breach.

PAYMENT
Customer shall pay for the rental of Equipment, sale of materials and all other items and services identified in this Agreement and all other amounts due, without any offsets, in full, at the time Customer transacts on Speedy Tools To Go’s website checkout. Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by Speedy Tools To Go from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). Customer agrees that Speedy Tools To Go reserves the right to charge the credit card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s), pickup or delivery charge(s), extended rental(s), rental charges or Taxes. In the event Customer asserts that a transaction is exempt from Taxes, Customer agrees to provide a valid tax exemption certificate. Should the transaction later be deemed taxable, Customer is obligated to reimburse Speedy Tools To Go for any Tax assessed that was attributable to Customer. Deposits will only be returned after all amounts are paid in full.

DEFAULT
Customer shall be deemed in default should Customer fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should Speedy Tools To Go anticipate that Customer may become Insolvent; or otherwise be in default. If Customer is in default, Speedy Tools To Go may do any one or more of the following: (A) terminate the Rental Period; (B) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; (C) cause Speedy Tools To Go’s employees or agents, with notice but without legal process, to enter upon Customer’s property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by Speedy Tools To Go in retaking and repossessing the Equipment; or (D) pursue any other remedies available by law. Customer shall be considered “Insolvent” if Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets; commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.

PERMITTED USE
Customer agrees and warrants that (a) Speedy Tools To Go has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits, (b) prior to each use and its return to Speedy Tools To Go, Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use; (c) Customer has access to and reviews the operating and safety instructions and will operate the Equipment in accordance with the manufacturer’s instructions and with applicable safety equipment; (d) any apparent agent at the Customer Site is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes Speedy Tools To Go to leave the Equipment at the Customer Site without requirement of written receipt); (e) Customer shall immediately stop use and notify Speedy Tools To Go if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, Lost, or if any Incident occurs; (f) Customer has received from Speedy Tools To Go all information needed or requested regarding the operation of the Equipment; (g) Speedy Tools To Go is not responsible for providing operator or other training unless Customer specifically requests in writing and Speedy Tools To Go agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (h) Speedy Tools To Go is not responsible for Customer’s obligation to provide reasonable accommodation(s) to any (disabled) Authorized Individual(s); (i) only Authorized Individuals shall use and operate the Equipment, however Customer is responsible for the Equipment and its use during the Rental Period regardless of the user; (j) the Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, as well as all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA and ADA, as revised; (k) the Equipment shall be kept in a secure location; and (l) Customer shall provide Speedy Tools To Go with accurate and complete information, which Speedy Tools To Go relies upon to provide the appropriate Equipment to Customer.

PROHIBITED USE
Customer shall not (a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Customer Site without Speedy Tools To Go’s written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner; or (e)  publicize use of the Equipment in any manner (including, without limitation, print, audiovisual or electronic); or (f) allow the use of the Equipment by anyone other than Authorized Individuals (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties).

CUSTOMER LIABILITY
DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer shall (a) immediately notify Speedy Tools To Go, law enforcement, if necessary, and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until Speedy Tools To Go or its agents investigate; (c) immediately submit copies of all police or other third party reports to Speedy Tools To Go; and (d) as applicable, pay Speedy Tools To Go, in addition to other sums due herein, the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the FMV or (ii) the full charges of recovery and repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. Speedy Tools To Go shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.

RETURN OF EQUIPMENT
Speedy Tools To Go may terminate this Agreement at any time, for any reason. The Equipment shall be returned to Speedy Tools To Go (when needed for inspections, maintenance and at the end of the Rental Period) in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. Customer will return the Equipment at the end of the Rental Period, but will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. 

LATE RETURN
Customer agrees that if the Equipment is not returned by the end of the Rental Period when Speedy Tools To Go comes to the Customer Site to pick up the Equipment, Speedy Tools To Go, in its sole discretion, may require Customer to do any of the following: (A) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (B) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment; or (C) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period. Customer agrees that Speedy Tools To Go reserves the right to charge the Credit Card, and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Equipment.

FUEL
Customer acknowledges that a “Refueling Service Charge” will be applied to all Equipment not returned with a full tank of fuel (calculated by multiplying gallons required to refill tank with fuel to level when received, by the fuel’s current market rate with an added 10% surcharge). Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel. Customer may avoid the Refueling Service Charge if Customer returns the Equipment with a full tank of fuel.

NO WARRANTIES 
SPEEDY TOOLS TO GO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SPEEDY TOOLS TO GO ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SPEEDY TOOLS TO GO ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF, A BREACH OF SPEEDY TOOLS TO GO’S OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM CUSTOMER OR THIRD PARTIES, UPON WHICH SPEEDY TOOLS TO GO RELIES; PROVIDED HOWEVER, IF CUSTOMER IS A CONSUMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITATION OF INJURIES TO PERSONS SHALL APPLY.

RELEASE AND INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS SPEEDY TOOLS TO GO ENTITIES HARMLESS AND AT SPEEDY TOOLS TO GO’S REQUEST, DEFENDS SPEEDY TOOLS TO GO ENTITIES (WITH COUNSEL APPROVED BY SPEEDY TOOLS TO GO), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT.

LIMITATION OF SPEEDY TOOLS TO GO’S LIABILITY
IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT SPEEDY TOOLS TO GO’S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM SPEEDY TOOLS TO GO’S, SPEEDY TOOLS TO GO ENTITIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.

JURY TRIAL WAIVER
IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND SPEEDY TOOLS TO GO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.

ARBITRATION AGREEMENT & CLASS ACTION WAIVER
AT THE ELECTION OF CUSTOMER OR SPEEDY TOOLS TO GO, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS.

GOVERNING LAW
This Agreement will be construed in accordance with the laws of the State of Florida.

CRIMINAL WARNING
The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws.

ACCOUNT SUSPENSION/TERMINATION/BLOCKING: 
Speedy Tools To Go reserves the right to suspend, terminate, and/or block customer accounts for any reason, including, but not limited to, suspicious/malicious activity or the account being compromised in any way.

FORCE MAJEURE
Neither Speedy Tools To Go nor the Customer shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term or obligation hereunder, to the extent such failure or delay is caused by or results from a Force Majeure event. A “Force Majeure” event shall mean any act or event beyond the reasonable control of the non-performing party and not due to its fault, including, without limitation: (a) acts of God, such as fire, flood, earthquake, hurricane, typhoon, tornado, mudslide, tsunami, explosion, or other natural disasters; (b) epidemics, pandemics, or national or regional emergencies; (c) war, invasion, insurrection, hostilities (whether war is declared or not), acts of terrorism, riots, or other civil unrest; (d) government orders, laws, regulations, shutdowns, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) strikes, labor stoppages, slowdowns, or other industrial disturbances; (g) shortages of adequate power or transportation facilities; and (h) any other similar causes beyond the reasonable control of the non-performing party. The non-performing party shall provide notice to the other party as soon as commercially possible and shall exercise reasonable efforts to resume performance.

CHANGES TO THE RENTAL AGREEMENT TERMS AND CONDITIONS
Speedy Tools To Go reserves the right to modify or make changes to these Rental Agreement Terms and Conditions at any time.  Any such modification will be reflected in these terms and conditions as of the “Last update” date above and will be effective immediately upon public posting on Speedy Tools To Go’s website.  Customer’s continued use of the Equipment following any such modification constitutes the Customer’s acceptance of these modified Rental Agreement Terms and Conditions. Except for changes described here, no other amendment or modification of these Rental Agreement Terms and Conditions will be effective unless in writing and signed by the parties.

ORDER OF PRECEDENCE
These terms and conditions and the Agreement shall control over any terms and conditions contained in Customer’s purchase order or similar documents and such other terms are hereby rejected by Speedy Tools To Go. In the event that Speedy Tools To Go signs Customer’s purchase order or similar document, such signature shall be solely for the purpose of acknowledging the order; it being the express intent of the parties that the Agreement and these terms and conditions shall govern all rental and service transactions.

ENTIRE AGREEMENT
These terms and conditions and the front of the Agreement, and any Addendum attached thereto, represent the entire agreement between Customer and Speedy Tools To Go with respect to the Equipment and the rental and servicing of the Equipment. There are no oral or other representations or agreements not included herein. None of Speedy Tools To Go’s rights or Customer’s rights may be changed and no extension of the terms of this Agreement may be made except in writing, signed by both Speedy Tools To Go and Customer. Any use of Customer’s purchase order number on this Agreement is for Customer’s convenience only.